dagen: go. connell: i think she has stuart figured out. that is a good excuse. dagen: good morning. i am dagen mcdowell. connell: i am connell mcshane. dow jones reporting one state did not report. dagen: student candidate for vice president waiting to face off. we cannot wait. who will screw up first? connell: sprint. stocks soaring today. dagen: stocks now and every 15 minutes. nicole petallides. nicole: we will take a closer look at sprint and metro pcs. sprint is jumping. we are watching at the stock

right now. you can see it jumping. the bank in japan is in talks to buy a majority stake. the deal is worth more than $12.8 billion. you are seeing sprint jumping on the other hand. we are also thinking about metro pcs. there were some hopes that sprint would step in and make a counter bid. now, that has been put on hold and metro pcs is selling off. dagen: thank you. connell: the number of americans last week.employment aid down 339,000. lowest level in nearly four years. one large state did not report some of its numbers. dagen: peter barnes has the latest. peter: like the jobs report last

friday, we have another positive jobs numbers just before election day. it also may be fluky. weekly claims for unemployment fell unexpectedly to 339,000, but economists were expecting. at -- putting one large state for failing to report its numbers. they say it has to be california. a spokesperson will not confirm or deny that. they will only say that the large state left out a pile of unprocessed claims related to seasonal factors. the spokesperson says that this large state has a history of reporting volatile numbers at the beginning of quarters. the department has complained to the state trying to work with it. they do say that the unprocessed claims in question will show up

in the numbers in the next week or two. "we should see some sort of catch up." look at these numbers to go back up in the revisions or the weekly reports. dagen: peter, thank you for that. peter barnes in washington. connell: peter here with us now. all these jobs numbers come in the middle of political seasons. >> i do not think i make too much of these numbers. the "wall street journal" did publish some of the states. it is kind of a strange performance. jobless claims down, that is good. go mississippi. on the other hand, in terms of large state, new york's jobless claims were up and, in fact, california is on the list, they are up 2004 no reason given. it is kind of a wash. it is like the new york jets.

the good news is the new york jets scored a touchdown. dagen: the bad news is they still suck. what about the numbers and we look at this in a fox news poll where after the debate mitt romney is now ahead of president obama in terms of trusting him to do a better job on the economy. how much are the american people just not looking at these numbers or at least questioning their veracity? >> i think that american people are having undoubtably as much difficulty translating and interpreting the numbers as much as the professionals are. the electorate is extremely volatile. much more volatile than any person imagine. with romney's numbers bouncing

as much as they did after one debate, that shows people -- i do not think it is an election of committed voters, this will be in election of leaners. they are all swaying up there. connell: a lot of people have not made up their mind. these are big moves. we head into tonight and then next week, can the president use these jobs numbers as an argument that jobs and the economy is improving? >> i think, clearly, vice president biden and mr. obama next week will use these numbers to say things are getting better. the burden will be on the opposition to explain why the economy has been as weak as it has been. i have to say, i give mitt romney credit for the debate last week. obama was pretty much coasting up to this point. mitt romney had been running and

large on platitudes. in that debate, romney put a lot of substance on the table. that is what i think the voters have been looking for. something to give them an explanation on why it is more. dagen: you talk about the substance, but how the president is communicating at this point and how his campaign is communicating. the use of the word liar by the campaign, in a debate you start to have to have a conversation with another person and with the american people are says just talking at someone thought he has had the luxury of doing that for four years. >> they came out of that debate, three major figures including his major advisors saying mitt romney is a liar about his tax plan. i do not think the american people are sitting out there waiting to have the president of the united states campaign saying that the republican

nominee is a liar. barack obama at this point has the ability to debate somebody on substance. he has not done that very often through his presidency. connell: see you next week. thank you, dan. dagen: if only we could see you every week. connell: thank you, dan. dagen: dan, great to see you. the pressure on vice presidential candidate paul ryan and joe biden. connell: we have rich edson down there in danville. we are getting ready. rich: there is some thought down here. you have heard this. vice presidential debate do not really matter. you never have had a situation like this where a vice presidential candidate, chairman paul ryan, is the author of the national economic plan. so think the democrats have been running against. this is something for paul ryan

to defend tonight. some of the democrats want to attack that. democrats want a bit of a redo from last week. this is their chance to get their footing back and stop the republican momentum. when you hear the candidates talk, of course, it is all about lowering expectations. >> serve. it is a nervous situation because joe biden is one of the most extreme debaters in modern politics. rich: ryan has been practicing with ted olson playing the role of joe biden. olson told fox they had nine sessions of 90 minutes each. biden has also been practicing and delaware. he leaves here shortly.

should be in danville, kentucky, sometime around 1:00 o'clock this afternoon. paul ryan is already here. connell: thank you, rich. dagen: make sure you tune in to fox business tonight to watch special coverage. neil cavuto started all at 8:00 p.m. eastern time. you do not want to miss anything. for the love of god, watch cavuto. connell: he is the best. back to nicole petallides. nicole: i wanted to follow up on sprint. in talks of a majority stake being taken up sprint. a deal worth more than $12.8 billion. now, sprint is confirming those discussions with the bank of japan on a possible transaction. with this, you see that sprint is moving up again here, surpassing its earlier highs.

it is up $0.91. through yesterday's close, it was up 115% year to date. the action that we are seeing here tax onto a winning year 2012. they are in fact in discussion with softbank of japan. dagen: thank you. connell: we do have some more noise, as they say, around the jobs report. if you cannot count on these jobs numbers, what can investors count on? we will talk about that. dagen: we will continue to track the run-up in sprint. connell: new legislation could force your cell phone provider to stop sharing info with third parties like the u.s. government. you think the judge is for this. well, we do not put any words and the judges mouth.

he will be here to speak for himself in studio. oil, backup to 92 and changed today. that is a big gain. we will be right back. ♪

dagen: welcome back, everybody. quarter past the hour. stocks now and every 15 minutes. breaking news on apple and samsung. nicole: this is a big one that we will continue to follow. u.s. appeals court actually reversing that injunction against samsung galaxy nexus smart phone in the patent fight with apple. as the news roque, the volume spiked, it sold off. this is not great news here for apple. apple, by the way, has been

below the 50 day moving average. nowhere near its all-time high that we saw back in the middle of september. right now, you are seeing it down $2.39. we will continue to follow this. it looks like it is trying to make a go and come off of it loads. back to you. connell: let's make some money with our friend charles payne. dagen: make it rain, people, make it rain. charles: nuts and bolts. connell: don't say anything. just protecting ourselves. not on this show. we have some standards here. charles: more or less in line with the street. the stock is absolutely surging. the founder of this company thought he would get back in 1967 and put stuff inside

bending machines. plumbing supplies, cutting tools, hydraulics, it did not work. they did not have the technology to make it work since 2008. now it is a major driver of business. the bending machines they have in place right now, it is on a major breakdown. huge for the stock. look at the trends on their operations. just two years ago, they had 1500. it is absolutely amazing. they are expanding around the world. they are in 14 countries. there was a great article about these guys. how cheap they are. they fly coach. they share rooms. if you go to make an investment, it is nice to know they have good verbal management. they are from minnesota.

if i was a ceo of a major company, i would be at the ritz carlton. [laughter] i am sorry. [ talking over each other ] connell: between sprint in this. thank you, charles. let's get back to the big story today on jobs. confusion with the weekly number. we will try to get to the bottom of it next. dagen: delivering on every promise they have so far. we will see what it means for your money. take a look at how the dollar is holding up against major world currencies. ♪

>> announcer: meet jill. she thought she'd feeletter after seeing her doctor. and she might have, if not for kari, the identity thief who stole jill's social security number to open credit cards, destroying jill's credit and her dream of retirement. now meet anda. with a swipe of her debit card, she bought some gas... and an all-expense-paitrip to hawaii for ben. ben is the intity thief who used a device called a skimmer to steal her formation from her card to open a fraudulent account.

every year millions of americans just like you learn that a little personal information in the wrong hands could wreak havoc on your life. this is identity theft, and no one helps stop it better than lifelock. lifelock offers the most comprehensive identity theft protection available. ordinary credit monitoring services tell you after your identity has been stolen; they may take 30 days to alert you! too late for amanda. with lifelock's 24/7 proactive protection, jill would have been alerted as soon as they noticed an attack in their network, before it was too late. and lifelock's bank account takeover alerts would have notified amanda in time to help protect her money. lifelock guards your social security number, your money, your credit, even the equity in your home. while identity theft can't be completely stopped, no one protects you better than lifelock. and lifelock stands behind that, with the power of their $1 million service guarantee. you have so much to protect, and nothing to lose when you

call lifelock right now and try 60 days of identity theft protectionisk-free. 60 days risk-free! use promo code: onguard. order now, and get this document shredder, a $29 value, free! call or go online now. [♪...]

>> had 22 minutes past the hour, i have your fox news minute. a security official is dead after being shot this morning. the attack was carried out by a masked gunman on a motorcycle who shot the official near his home. in massachusetts pharmacy linked

to the deadly outbreak of meningitis. the company may have operated outside it license by shipping large batches of drugs across the country. it has made more than 130 people sick nationwide. if you are looking to win a nobel prize, chocolate, this may give you a leg up. chocolate consumption to the number of nobel prize winners and suggests it is a sign that the treat can boost brainpower. hallelujah. those are your news headlines on the fox business network. connell: thank you. we appreciate that. lowest level in more than four years. one large state apparently underreported claims. the chief economist for chase wealth management joins us from l.a. do we ignore these numbers?

>> no, i do not think we should ignore them. i do realize there may be a little bit of a distortion. every calendar quarter, at the beginning, you normally get a big boost. then, that number is used to compute the seasonally adjusted number. we should expect that some of this drop is artificial. the true story is that it is telling us that labor market they have improved. connell: going back to friday when on appointment rate dropped to 7.8%, the conspiracy stuff, which, you know, i think it is silly, there is no evidence to support that. a very one off month. then today, a lot of noise in the numbers. what is really happening?

what is really happening in your view? >> the truth of the matter is we are growing at about a 2% growth pace. we should not expect a magnificent surge in employment growth. numbers in the neighborhood of 150,000 are reasonable in this environment. we need to see growth accelerate a little bit more. when i see a little bit of an improvement, you have to separate the wheat and assume that some of the fluctuations is variations between the numbers. connell: are they not as good as they appear or are we being misled a little bit by these most recent figures, do you think, or how would you describe the trend? >> the truth of the matter is we will continue to see improvement looking at the on appointment

rate can be a little misleading. you are well aware that over the fact that the last six, 12, 18 months, the participation rate has been coming down. connell: it does. we have talked a lot about that. and we did friday as well. trying to put it all together. you did a pretty good job of it. as always. thank you for coming on. >> pleasure. dagen: who is feeling the pressure tonight? joe biden and paul ryan. we will preview tonight main event. [ talking over each other ] dagen: it better be a smack down. connell: i do not think it will be born. someone who is not boring. the judge. he will be here to talk about data on your cell phone and who has the right to see it. let's take a look on some of the winners of the s&p 500.

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less expensive option than a traditional lawyer? at legalzoom you get personalized services for your family and your business that's 100% guaranteed. so go to legalzoom.com today for personalized, affordable legal protection. as is. tonight's vice-presidential debate is so important and information used for on your smart phone who has the right to see it? the judge will weigh in on that and another bank targeted in cyberattacks that threaten the security of your money. more coming up but breaking news in the bottom of the hour. talking about carl icahn. nicole: the truck and the local company in wisconsin, shares up

16%. stock was halted with a pause for volatility. shot up to a 52 week high on the heels that carl icahn announcing the tender offer for shares so now we are moving forward. how much was the author? $32.50 a share. we saw a stock as high as $31.30. at every moment you see it jumped on heavy volume. big spike in the interday chart and it was halted and back in action. he made it his intention to nominate directors for elections to the board at an upcoming annual meeting so some names that will continue to follow but obviously it is a big one. >> we will keep the breaking news. a close for the day of european trading and ashley webster is here to tell us how the europeans did today.

ashley: the u.s. jobs report is incomplete, give european markets a boost despite the latest downgrade of spanish debt and the closing bell green across the screen and the cac quarante up 1.5% and the dax up 1%. nice strong day despite the fact the standard and foresees mounting risk to t public finances after cutting the credit rating to one level above what happened late yesterday. and investors worried the bonds could be cut to non investment-grade and puts more pressure on spain to ask for help from the ecb bond buying program. we continue to weigh on at and moody's expected to finish its review on spain later this month with the years the country will end up in junk territory. christine legarde, head of the imf says euro zone countries should have more time to cut budget deficits. greece and spain to have more

time because it would do more harm than good. france and italy and spain have been giving the same message. germany responding by saying backtracking in debt reduction goals. it would hurt confidence and so it goes. connell: never a shortage items. [talking over each other] ashley: a very conservative view. vice president joe biden taking on paul ryan in the vice-presidential debate this evening and joe biden will have work cut out for him. a new fox news poll shows 40% of americans have a favorable opinion of paul ryan compared to 44% for the vice president. with reaction to that let's bring in judith miller, fox news contributor and fellow at the man and an institute and former press secretary for vice president al gore. who has the most to lose

tonight? >> joe biden has the most to lose because if he doesn'' improve on the president's performance, this ticket is in big trouble. dagen: is it avoiding gaffes this evening? i would rather see him a little loose with his lips than be a board. >> he is not going to be boring. neither of them are. we have two attack dogs. both have something to prove tonight. you have joe biden who is going to be trying to make up for the president's lackluster performance last week and also paul ryan, the first major appointment on the stage, first big time here and also have to show he can bring something to the ticket because he is the first v.p. candidate in modern memory who did not give romney a bounce out of nominating the ticket. dagen: that was one of the

things that the speech by paul ryan. it was a little -- looked like he didn't give very many speeches of that magnitude but does paul ryan need to be careful about not needing to rehearse and make sure he responds more to what joe biden is saying? >> very much so. he has to avoid being wonky which comes naturally to him and not only respond to what the vice president throws at him but do it in a way that is respectful. that is a difficult balance. stuart: dagen: what is the most important topic for each candidate to hit on here? to focus their attention on? is it the same one for both? >> it is the economy for both but the problem is martha is going to be the person who is the referee in this debate and moderator and she is a foreign

policy person, that place to joe biden's frank. dagen: what about the topic of what the focus should be? >> i agree with the analysis. the most important topic is the economy but also it is true that paul ryan has less experience in foreign policy. he is going to have some trouble. in general that goes to the fact that he needs to avoid looking experienced. his biggest strength is his biggest weakness. dagen: one last thing. how do you score tonight? do you just hope that the opponents -- both of you -- >> clearly what paul ryan's team is hoping for. they want the president to step in. i don't think he is going to. they drove back into him and what joe biden is hoping for is paul ryan looks 42 and his

inexperience on the national stage as many people think he is. dagen: but a fit 42. final word to you on how do you score? >> the obama team is looking to see if paul ryan continues to take liberties with the truth they are ready to pounce. dagen: after the fact. it was great to see both of you. mr connell mcshane. connell: we go to the judge in a moment, judge andrew napolitano up next with some strong thoughts on who has rights to the information on your smart phone and targeting your money. the latest bank to be targeted by hackers. we will have that. keep it here on markets now. look at treasuries and where the yield is today,.7%. [ male announcer ] what if you had thermal night-vision goggles,

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filing in some states they still did rise. investors are betting home depot will benefit from the expected housing market recovery. stocks are up 45% since the beginning of the year and oppenheimer is raising its price target on the stock to $67.50 one cents. count down to the closing bell, liz claman speaks to frank, wendy's giving its iconic logo for the first time since 1983 after the company is debating its logo as it continues to transform itself into a higher end hamburger chain. that is the latest from the fox business network giving you the power to prosper.

dagen: holding it together here. new legislation could force yourself phone provider to start sharing information with third

parties. to link individual browsing habits with actual people. connell: we have been waiting to bring in judicial analyst judge andrew napolitano. judge napolitano: is very disturbing that senator al franken has suddenly recognized that information from our cellphones even when they are turned off like every place a cellphone has been and every conversation that has taken place on it and conversations like this one where we are talking within earshot of it can be transmitted by this to the government somehow is available to private industry and he is not worried about it being available to the government. stated differently he voted in favor of extending the patriot act which lets federal agents sees this cellphone information from telecoms without a search warrant but is worried about them selling this information to marketers. guess what, al franken. it is against the law for them to sell private information about the use of cellphones to

telemarketers. it is against the constitution from the federal government to seize that information without a search warrant even though you authorize the federal government to do so and even though he voted to immunize the federal government from litigation when it does so. basically a federal law, the federal government is enforcing against private industry but not against itself. dagen: will that change eventually? dangerous territory -- judge napolitano: in an era when the government caused people to surrender freedom in favor of an illusory safety and as long as people are afraid they're willing to give up their freedom, nonsense like what al franken has said and statutes like what he voted in favor of will take freedom away from us because he has a false sense of security giving up the freedom. they think they can seize

everything they want? dagen: it is out of sight and people don't understand the potential danger and abuse. dagen: in fairness to senator franken he is not concerned with the fed's failing to enforce against themselves. with respect -- in favor of privacy and share that interest. enforce laws against yourself. connell: do you think to get a final word on it the trend will be over the next however many years against privacy or will we see a reversal because of technology? or will there be at some point a reversal? judge napolitano: president obama and governor romney supporter patriot act and the march against privacy. the libertarian candidate who is not likely to win but is in the balance of all 50 states, gary

johnson is opposed to the destruction of privacy and a patriot act. we are stuck with this for an hour -- while. hold generations of americans will be born and come of age. dagen: we are talking about what we are talking about. dagen: the patriot act was passed where they felt it was safer by giving them freedom, and settle the statutes. connell: thanks. dagen: less free and less saves and always a start. and every 15 minutes. nicole: i want to review the names we can talk about and three pieces of breaking news. looking at intraday charts and how they're faring.

we saw apple trade 64. we are selling off on this news and deliver the appeals court reversing the injunction and galaxy nexus and it is not good news for apple and we have seen the sell-off since we last spoke. it is down 1.1%. sprint confirming what we told you, south bank in japan being in discussion and a deal worth $12.8 billion in talks for a majority stake. sprint is conserving that they are in those discussions for a possible transaction which could change who is in charge of the company and carl icahn announcing a tender notion for $32.50 of share and you see that stock by the posts where it resumed and been higher. dagen: thank you. connell: we will talk about cyberattacks on the financial sector. they continue today with new banks targeted. the group responsible

threatening to pursue even more next week. dagen: if we know the attack is coming what can we do to stop it? adam shapiro has been following this story for days. >> they have been victims of this attack for several years now. these are not uncommon in which a hacker will highjack several thousands upon thousands of personal computers and flood the web page of a financial institution. must have a defenses to stop any personal data getting leaked out but it does cause of the system to crash. this group is targeting region financial. they are not suffering a slowdown. but the attack usually launched about this time. new york time. towards 2:00 eastern is when they seem to be bearing the brunt of them. legion financial issued a statement to fox business earlier in which they said we take online security seriously and taking every measure to protect the company and our customers.

we saw suntrust and capitalone promising to continue these attacks until youto remove the film innocence of muslims from the web page. one thing that cyber tech analysts are warning about this attack when i talk about hackers using thousands of personal computers these attacks are more sophisticated according to analysts because they are not using personal computers to launch the cyberattacks. they're using web servers. they need fewer computers and have more power when a target financial institutions. that is troubling to those on the securities side because the first time they have seen this kind of situation. connell: adam shapiro in the newsroom. dagen: who said a multimillion-dollar contract will always get you the win? look at the yankees. connell: that was else. [talking over each other]

connell: we will talk about that and have the winners on the nasdaq. let's look at them right now. there you go.

connell: news alert on the meningitis outbreak, 12 deaths caused around the country. lawmakers calling for a federal investigation. this could change the way the fda does business when drugs are

regulated. connell: liz macdonald is all over this story and has been in the bottom line. liz: this could head to the supreme court. we have breaking news. we're talking to three powerful democrats, the office of richard blumenthal, henry waxman and richard marky talking about strengthening the powers of the fda and its powers overseeing pharmacies nationwide. right now pharmacies are overseen by the states. we have 66,000 pharmacies, have a manufacturing to make drugs on the road and sell them across state lines. that is the problem these lawmakers say is behind the meningitis outbreak. this company new england compound basically sold in 23 states exposing 13,000 people to be fungal meningitis problem. we are seeing the governor of massachusetts out this morning saying working outside the state licenses they are only supposed to be filling prescriptions, not manufacturing and selling but here is the bottom line.

the fda only regulates the ingredients. this could be an overreach of the commerce clause which says states are allowed to regulate what they're around -- we may see a supreme court fight over this. judge andrew napolitano is concurring with what i said. i ran it by him but they fought fda oversight in the past. a big fight right now in congress whether or not to strengthen fda oversight of pharmacies. connell: thank you. dagen: thank you so much. click sports headlines. one sports story. the yankees snatching game 3 from the orioles last night. a pinch hitter trailing by one run with one out in the bottom of the ninth. manager joe gerard the slumping over three in the ninth. alex rodriguez and put in roll the bosnia's --raul ibanez.

he homer did it again to win the game. he gets paid in $20,121,100,000. look at how much mr. rodriguez -- we love the fact that he is stinking up the joint so badly. we are very happy for ibanez. connell: sports are fun. a gutsy call by joe jury and if not he overreacted. connell: exactly. dagen: scrooge the pooch. the jobs number we have been talking about, everyone buzzing about it today in terms of the four year low for claims. however the issue here is you've got one state that apparently underreported claims. what to make of it? connell: dagen: we continue coverage next hour right after this.

>> announc: meet jill. she thought she'd feel better after seeing her doctor. and she might have, if not for

kari, the identity thief who stole jill's social security number to open credit cards, destroying jill's credit and her dream of retirement. now meet amanda. with a swipe of her debit card, she bought some gas... and an all-expense-paitrip to hawaii for ben. ben is the intity thief who used a device called a skimmer to steal her formation from her card to open a fraudulent account. every year millions of americans just like you learn that a little personal information in the wrong hands could wreak havoc on your life. this is identity theft, and no one helps stop it better than lifelock. lifelock offers the most comprehensive identity theft protection available. ordinary credit monitoring services t tell you after your identity has been stolen; they may take 30 days to alt you! too late for amanda. with lifelock's 24/7 pactive protection, jill would have been alerted as soon as they noticed an attack in their network, before it was too late.

and lifelock's bank account takeover alerts would have notified amanda in time to help protect her money. lifelock guards your social security number, your money, your credit, even the equity in your home. while identity theft can't be completely stopped, no one protects you better than lifelock. and lifelock stands behind that, with the power of their $1 million service guarantee. you have so much to protect, and nothing to lose when y call lifelock right now and try 60 days of identity theft protection risk-free. 60 days risk-free! use promo code: onguard. order now, and get this document shredder, a $29 value, free! call or go online now. [♪...]

>> and we just keep rolling. connell: absolutely. dennis kneale and cheryl casone are here. cheryl: now we know. you guys are going to watch, right? there is a debate tonight. look at that sarcastic face. dennis: i am dennis kneale. cheryl: i am cheryl casone. great job numbers out of the labor department this morning. the big problem is fuzzy math. perhaps jack welch was rht. dennis: and will paul ryan be takinable to take on joe biden tonight? cheryl: sprint is in play, way up that it may be bought by a

japanese company. how are you going to play it? coming up. as we look at the market, the dow higher by 23 points, it did market day, nicole petallides standing by on the floor of the new york stock exchange. we have it all. nicole: the dow up 24 points, but i wanted to start off by talking about sprint in particular because earlier this morning we were talking about the sprint story that a japanese company was in discussions with sprint in talks to buy a majority stake in sprint. turns out over the last hour sprint has confirmed those talks, so we have seen the news. also talking not only in discussions, but also that it may change who is in charge.

there is the stock up 15% on a day where we have up arrows across the board after three straight days of selling. dennis: nice to be back in the green. thank you. another potential laps on the job front. the jobless claims, look at the asterisk next to this. causing a lot of confusion, peter barnes trying to clear up some of this. >> that is right. like the jobs report last friday, another positive jobs number a few weeks before election day, but it also might be a little bit fluky. jobless claims for unemployment insurance last week fell unexpectedly 339,000. because were expecting 370,000 for last week about unchanged. the labor department blaming one large state to fail to report the claims numbers. spokesperson will not name the

state for several economists say because the weekly drop was so big, custody california. one economist says the largest in question refused to include thousands of unprocessed claims including seasonal factors which started october 1. the labor department spokesperson says the state has a history of reporting both from numbers at the beginning of quarters and the department has complained and tried to work with state officials to more accurately report is claims but with little success. the unprocessed claims will show up in the numbers in the next week or so. we should see some sort of a ketchup meaning a rebound in those claims numbers. back to you. dennis: thank you, peter. cheryl: the weekly jobless claims numbers are important to everyone making stock buying or selling decisions today. what happens when the numbers are confusing or misleading? chief research analyst joining me now.

the answer in the labor department, this has got to be tough for somebody trying to react on data like this. >> i believe the economy is improving. we have a tailwind not necessarily a great commentary on what obama may or may not be doing, the reality is the housing market is improving, that is creating traction. the other side of the coin is layoffs are being reduced. plenty of layoffs on wall street but the rest of the economy stabilizing in that regard. productivity can only take you so far so you will see regardless of who gets it, you want to see an improvement. cheryl: this is a global slowdown, still have the recession trying to continue, at the same time how do you make decisions based on u.s. companies when they are so exposed to europe and a slowdown in china and things really don't

feel any better for many americans, especially those still unemployed. >> databases i am making the decision. cheryl: are you six months ahead? >> try to make a point of staying ahead of the global economy and a focus on the domestic economy. it is doing okay, i think it will improve as you see the jobs situation gets better. more money in their pocket. if you stay away from the worldwide issues, look at domestic equities, still relatively cheap particularly if you view them in the context of where the bon bond yields are t. you have a 7% earnings yield on stocks today, still very attractive. i want to stay with companies that will continue to move the needle forward in the domestic economy. cheryl: are you concerned at all about qe-infinity?

>> i am a gold, precious metals, is this thing going to blow up and will we pay a monster price associated with the crazy plans bernanke has in place? absolutely. my crystal ball focuses on where we will be in six months. cheryl: with all the troubles in europe, i have been looking at a lot of analysis with gold and silver actually the winners if europeans cannot solve the problems. >> everybody will print to infinity. every single country following the model. we just happen to be the best place in a bad neighborhood. cheryl: is there a place where watching? talk to produce estimates, lower forecast, the analyst and guidance down, what do you say? >> i think it is a very attractive sector, you will see consolidation in space if homes are improving, that is a big thing for banks.

the bank evaluations are still very cheap. i like the community banks, the regional banks, i think there's a lot of way to play, i would be happy to go through some names like jpmorgan. bank of the ozarks. a lot of ways to be exposed to that. i like small-cap stocks in general and i love the tv affiliates. people tuning in more to this station in every station, ad rates are going up. cheryl: we put on a good program. thank you very much. dennis: and the pressure is on. joe biden and paul ryan taken the state to battle it out. 46% have a favorable opinion of ryan compared with 44% for the vice president. neil cavuto will host coverage at 8:00 tonight and he joins us live from the site in kentucky.

how nasty might this get? >> they're already selling themselves short. this is the same thing you see every debate, we saw it before the debate each side more or less says their guy is brain-dead. afterward the candidate, but the fact of the matter is joe biden is more experienced. when he was first elected to the senate in delaware, paul ryan was three years old, that was then, on the biggest debate stage, now time for joe biden to convince around the white house getting pummeled in the polls. paul ryan, many democrats thought would be an easy target because of his cut entitlement programs and the fact he would be all but throwing granny off the cliff. it has not panned out the way they thought it would. joe biden is nobody's fool. because of the format joe biden

does very, very well. for all the debates in the senate and all the big debates he has had as a presidential candidate or as a vice presidential candidate, he is always done very well. having said all that, the same backdrop on the debate will remain that for this week's debate although this one will include foreign policy as well as economic policy, republicans feel they have got the momentum and economic policy despite the jobless claims numbers you guys are just reporting on, this is not a great recovery and this trend is hardly friendly. the rap against republicans is talking a big game, but doesn't get any details of how it will trim the deficit over the next many years. cheryl: hello, sir.

i want to ask you, the issue here has got to be medicare. that seems to be the one place where i'm assuming the vice president will be ready to go after paul ryan. how effective can he be if indeed the fight gets wonky tonight? >> therein lies the threat this could become a little too wonky and a little too much. you will hear a lot of attacks on the republicans for also raiding medicare, republicans go back in the vice president to your taking the same amount of money out of medicare as we are. there is truth to both arguments but you can get kind of lost in the weeds. we know a 90 minute practice

that paul ryan has had, you have to keep it to one minute, timid responses. in congressional debates, which he has had quite a few, that is also something joe biden is very good at. the vice president does have sort of an offbeat sort of humor. it is effective, he knows how to get a laugh going. a little more studious, but the more serious, he will probably seem at the young earnest apprentice tonight. i just didn't get it. why do you have to do everything backwards? dennis: one last question for you, millions of americans watching, waiting if there is going to be a train wreck. the job i win just by not having

a major gaffe? >> there is that. i don't think we will likely see that. if anything, biden will probably get ryan to slip up and make it an embarrassing even for him. hard to say. whether in unattended zinger or unplanned line of attacks work. the vice presidential debates, saying i knew jack kennedy, he was a friend of mine. he won the debate in the eyes of eight out of 10 people watching it but three weeks later that democratic ticket went down in a landslide debate. i want to put that in some perspective. dennis: somewhat downside risk for both guys. we will see you tonight. the best coverage of the debate begins right here at 8:00 p.m. eastern with neil and the entire fox business team. let's take a look at some of the

guests tonight. mitch mcconnell, governor o'malley, craig barrett of intel and even sarah palin. cheryl: you saw those faces, and look at this. shutter stock on the debut on the new york stock exchange today. look at the shares, up more than $5, nice little return. joining us ahead and why his company is up. facebook is down. cheryl: jamie dimon can be fed a favor but are the shareholders paying for it? we will fill you in. every day at this time, let's take a look at oil.

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that's right for you. dennis: stocks every 15 minutes, nicole, you're watching apple. nicole: taking a look at apple, we have not recovered since apple sold off on the headline about the u.s. appeals court reversed in the sales on the ban of samsung smartphones. with that we saw apple selloff and trying to recover. nowhere near its all-time high of 705. down three quarters of 1%. basically since it came back to

the california court for reconsideration, this obviously is something we have been following because apple filed a lawsuit on a patent infringement for samsung products so it really opens the case right back up. dennis: the judge in the appeals court striking down the judge for issuing the injunction on behalf of apple against samsung last summer. this may be unrelated to the billion dollars couple award, come back down you never know what could go wrong. second is the buzz of apple beginning to fade? are investors beginning to lose a little faith? cheryl: very well said. i always have faith in this person. charles payne, it is all about how not to lose money. >> i think they will settle

eventually because they do a lot of business together anyway. samsung illegitimate rival to apple. i'm hearing more and more people talk about going to the european nations that are under pressure. spain, portugal, greece because it is like people who bought distressed property in america even in places like detroit making cash come you can understand why it is attractive but i think it is still too early. maybe it is all built in. give you an example, coca-cola had hellenic. this is the second largest coca-cola bottle or in the wor world. they are leaving greece. if they are leaving greece doing business in 28 countries, i think it is still too early for people to try to force the issue.

cheryl: i will make money with you tomorrow. some breaking news right now, charles. thank you so much. the weekly jobs numbers, positive report fewer people filing for unemployment but called into question over some shaky reports from one large state after the monthly jobs report raised eyebrows now apparently one lawmaker has had it with all of it. peter barnes with breaking news from washington, which lawmaker are we talking about? >> talking about dea darrell is. we asked him last night whether or not he was concerned about friday's jobs report and the big drop in the unemployment rate from 8.1% to 7.8%, which some economists have called fluky and as a result there have been questions about the labor department methodology in

calculating the unemployment report. now the chairman says he wants to have hearings on this, take a listen. >> the way it is being done with the constant revisions say it is not as exact science as it needs to be and there has to be a better way to get those numbers or don't put them out if they will be wrong but as much as half a point. >> he was asked what he wants to have these hearings. the lame duck session of congress will see in mid-november, very much intend to work every day through november and december to get these kind of things done. we're hoping this is a good nonpartisan time. this is an issue where our committee has important sure jurisdiction. look for hearings from chairman darrell issa on this question.

cheryl: he is from california, the largest date in all this is probably california. there you go. breaking news out of washington. another day, another bank targeted to hackers. why the banks can't stop it coming up. dennis: and jamie dimon learning why no good deed goes unpunished. in a look at how the world currency is faring today. the dollar is down. [ male announcer ] how do you help doctors turn billion of bytes of shared information... ♪ into a fifth anniversary of remission? whatever your business challenge, dell has the technology and services to help you solve it.

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cheryl: jpmorgan facing a civil lawsuit over alleged activity by bear stearns before being acquired by jpmorgan back in 2008. he did a favor when he bought the company and now is paying for it. >> i would say we lost five to $10 billion on bear stearns now. cheryl: susan knox, former advisory for the treasury and tarp joining us now for how this will shake out for shareholders. first, what do you make of these

columnists? reza private what he said yesterday? >> he didn't say he was not quite do it again, he said it was a close call because there were some good assets to bear stearns. another one is the clearing operation. a really unglamorous backoff function but cash cow kind of a business. i think long-term he will still wind up being a good thing. cheryl: this isn't the first time he is come out and said this is what i was saying behind closed doors in 2008. telling senior regulators take into consideration when you want to come after us down the road for something bear stearns did. jpmorgan was asked to do this by the federal government. fair enough, he is saying it, don't go out to me for something bear stearns did. >> when you buy a company, you assume the liability.

he said they knew that was an issue. part of the losses they have taken were asset write-downs. not just about what is coming. he took a gamble, at the end of the day felt this was a good bet for them. cheryl: i am sure a lot of shareholders thought it would be higher, but already spent the last $10 billion on bear stearns, do you think the losses are over with regards to this transaction? >> the he still has a lawsuit pending. actually seeing that in a lot of places, the overhang on stock is about lawsuits, still coming down the pike not just the federal investigation, but also3 in his abilities to philly did not get the interest rate they could have because they had artificially low liber. cheryl: really quick, legal problems at wells fargo.

fha coming after them, how do you feel? >> they have one of the best retail operations out there. looking at the earnings tomorrow, you always want to see is the core business actually improving? there is so much complexity in reporting that you cannot look at the estimates, has to be digging into the business and are they increasing lending. cheryl: great to have you on a day like today. thank you very much, susan. dennis, over to you. dennis: more coming up on the thrill of the bill in kentucky. who is under more pressure to perform? what do the contenders have to do at the main event, coming up. first, a look at the winners and losers on the s&p. follow the wings.

lisa at the stock exchange where every 15 minutes we look at hot stocks to watch and major market averages. looking at safeway which was doing well but selling off today after quarterly numbers. turns out sales and revenue are missing analysts' estimates. they come in with first quarter earnings did rise 21%. however if they have been selling off, up with that, we are seeing it selling off. $15.89 down 2.5%. as i noted in april this was a $22 stock. also want to look at the broader market average.

the dow jones industrials up 23 points. we had three days of selling so right now this has appreciated for the bulls on wall street and the nasdaq composite up 1/4% and the s&p 500 up 1/3%. interesting to see the nasdaq and s&p to the upside despite the fact we have been seeing apple coming under pressure after we heard from the u.s. appeals court that said samsung galaxy nexus they originally banned the sale of that and now it is going back to california but that is not affecting the major average. there is a look at apple at 63422 down 1%. cheryl: want to ask about analyst reaction to apple. we have a range of price targets on apple. people saying 700 and people say $1,000 per share. rbc in any movement with analysts? nicole: i have not seen any. the big picture and apple pie is

focusing on extending the i phone 5 sales. they have the ball rolling. have not seen an early analysts cuts. a bigger end at the higher end. cheryl: 63456. we got a 10% correction on apple. any more concerned about revisiting the technical levels before the end of the week? nicole: interesting, the number with great execution partners saying he likes the buying point around six 22 and that is what we hit this weekend came up off of that level. we will see if it is able to get back up and move to the upside. this stock at high point was seven 05:07 in the middle of september but in the upper 600s going to 6:20, that is a problem. is a very volatile stock. cheryl: thank you very much, nicole petallides. see you soon. dennis: the battle of the second

banana. vice president joe biden and nominee paul ryan debate in danville, ky. gop strategist joins us now. you worked on paul ryan's congressional campaign. what is the main thing he has to accomplish tonight? >> he needs to be vice-presidential and keep pressing the attack on the administration's four years of failure but also like romney did in a pleasant way and the happy warrior type way where he lays out a vision for the next four years of romney/ryan in the white house. dennis: what about our vice president? what does he need to do? >> the first thing he cannot do is have a gas. team needs to get the obama campaign back on track. it is a tall order for him. he has been in the senate for a long time and vice president for four years and a senior statesman who will be on stage. i do think the pressures on him to hit a home run tonight and

even saturday night live goofed on him. if you're counting on joe biden to save you the campaign is in trouble. dennis: by the same token given expectations for joe biden, can he win the debate by avoiding a gaffe? >> he is going to try to make all look like the count with a green eyeshade that isn't caring and go on the attack. the obama campaign has signaled they are going to go on the attack tonight and in the next presidential debate and if he does come across without making a mistake he will look like having a good night. dennis: the vice presidential candidates have to talk about their leader. not about themselves. yet i can't think of another debate where one of the guys has truly been the issue because ryan has been so specific about so many plans. >> one of the things if you watch the republican national convention particularly ryan's speech he talked about they will have the courage to lead. the country is in a tough spot

right now and somebody has to have the courage to do some things that will not be like cutting the budget deficit and republicans laid out a specific plan and the obama administration has been vague on what their plan is for the next four years ago paul comes in and could be a liability but no one can better defend the plan than paul ryan. >> a debate between this 10 year old retired teacher and a young school kid in the first row wanting to answer all questions. that is paul ryan. thanks for being with us. cheryl: we are getting more breaking news on the cyberattacks and fox business has been following the last 48 hours. a statement from regions financial. adam shapiro standing by in the newsroom breaking the story down every hour. what do we know? adam: the hackers claim to be aligned with islamic terrorist groups and this is the statement from regions financial. their site is being attacked. they say, quote, we are

experiencing an internet service disruption that is intermittently impacting customer's's ability to access our web site or use our online banking service. we are working quickly to resolve this issue and regret any inconvenience. customers may be experiencing. fox business has been covering this story since it was broken on foxbusiness.com and we have spoken to internet security officials who say this service attack in most cases you have a hacker who takes over thousands of personal computers you might not be aware your personal computers helping launch an attack but in this case they are not doing that. they are using web servers and what is concerning to security officials is a web server allows a much stronger attack and far fewer computers. don't need thousands of computers. they are keeping an eye on this and that is what is happening. the group claiming responsibility is promising to carry out more going forward.

cheryl: you have been monitoring all the banks and companies that may be involved in this and hurt in the future. thank you very much. great breaking news out of a newsroom for our correspondent. dennis: related to adam's story is the banks know these attacks and coming so why can't they stop them? cheryl: also as we go to break take a look at the shutter stock debuting on the stock exchange. take a look at stock up $5, $22 even right now. the ceo joining us ahead on what his company is looking. facebook is looking down. as we go to break take a look at the ten year treasury. ♪ [ male announcer ] this is karen anjeremiah.

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tracy: i am tracy byrnes. oil cutting some of its earlier data showing higher than expected bills in food supplies. energy information administration said supplies rose by 1.7 million barrels, 600,000 more barrels than forecast and investors saying home depot will benefit from the housing market recovery. stock is up almost 45% since the beginning of the year and oppenheimer raising its price target 67 from 61. on count down to the closing

bell liz claman talks to chairman and ceo frank leak. the demand for personal computers continues to crumble. data for research firm gardner and idc shows worldwide shipments of personal computers fell 8% in this third quarter from a year ago. that is the latest from fox business network giving you the power to prosper.

dennis: more breaking news we brought you earlier this hour. after the jobs report raised eyebrows, one lawmaker had it. peter barnes with a breaking news from washington. peter: we have been asking on capitol hill if anybody wanted to hold hearings on this issue and look into this. the unemployment rate went down unexpectedly in september from 8.1% to 7.8%. a lot of economists saying it must have been some statistical fluke were something and called into question the labor department's methodology for collecting the data and

calculating the unemployment rate. now the top republican, the chairman of the house oversight and government reform committee darrell issa says he wants to hold hearings into the matter. take a listen. >> we very much intend to work every day through the november and december time to get these kinds of things done. we think that is a non-partisan time and this is an issue where our committee has important jurisdiction to make sure we get it right. peter: he was talking to greta van suss turn about this and darrell issa is worried about the constant revisions in the unemployment numbers, significant revisions as he says that he says, quote, this tells us it is not as exact a science as it needs to be and there has got to be a better way to get those numbers. dennis: billions of dollars on the markets based on numbers that are not an exact science apparently and i imagine darrell issa is more exercised about

this because of this surprise about a plunge in jobless claims and left out some results from california? >> we have not talked about the numbers today on the weekly unemployment claims, the jobless claims, but we're getting back to his staff to see if he is interested in including that in his investigation. dennis: interesting to see why that they didn't make it by low balling met claims number this morning. thanks very much. cheryl: checking the markets. it is a quarter till. every myth 15 minutes. you are watching realogy. great stock. nicole: was up 20%. realogy focuses on real-estate and some of their franchisees' that sit on real-estate include coldwell banker, century 21, city habitat, the corcoran group, they also have sotheby's, the real estate in which it

operates as well as better homes and gardens and extended chat with the ceo richard hit japan and the ceo of 24%. the third largest ipo of the year 2012 and so you can see it is of $6.51 and goldman sachs and j. p. morgan and funding managers for the $27 operating an you see $33.53. the broader market average. the nasdaq composite is up 0.2% and there's a look at the dow and also the s&p with up arrows as well. we are seeing the bank stocks with an up arrow and the dollar pulling back. cheryl: we will see you at the top of the hour on markets. european markets jumping as spain gets a downgrade. what is behind this? makes a lot of sense. you have the insight. ashley: markets of europe up 1%. we have heard spanish death being downgraded by s&p but just

one notch above junk status and moody's will release its latest review at the end of the month and could well be in junk status but will get these numbers. pretty good. partly because of good jobless claims numbers out of the u.s. whether they are real or not but also because christine legarde saying she believes that the debt-ridden countries should be given more time by greece and spain and italy, cutting too they bent too far and doing more harm than good and that helped stocks as well. cheryl: interesting turn language. [talking over each other] ashley: we will see you at 2:00 eastern time. dennis: shares of shutter stock which sells online photos and video to businesses they being on the nyse and the idea of began pricing $17 per share now up 30% so $22. joining us on this great day is john oranger.

the facebook debacle. we saw some companies hold back. why did you do that? >> we have been at this for a while. we are not doing this for any short-term. we are in this for a long term. >> it is up 30% on the opening day. don't you wish you had that money coming in to the company to use for the business instead of going to traders who flip out? >> it is not easy to price. we do our best and we are happy with the outcome right now. we are not in this for the short-term. what happens in the next few days, we are talking about years. dennis: how many acquisition offers did you turn down? >> many. dennis: did you today read more money in terms of evaluation of the company than in a takeover

offer? how much more? >> 10%, multiples more. dennis: let's talk about this. you are selling stock. mostly on line rather than selling to newspapers or on paper. >> the image is being used for web sites and mobile devices, such a need for images. whistle 2 per second and using them and changing them more than ever. dennis: you sold two fifty million photos of far and get hold of that for as little as $25. congratulations on your ipo. fearless. you must need the money. let's talk sons of anarchy. anarchy rules. the show's rating actually be the net works and that rarely ever happens. cheryl: a new wendy's mark sales at a fast-food chain the new wendy's, not the old wendy's. think about that. as we go to break look at the

winners on the nasdaq. research in motion, a few names moving right now. dennis: they should have made wendy hotter.

dennis: halloween greeting for you. what is up, whiches? replace the w. with the b and the message is aimed at the old broadcast network by a provocateur on the cable side,

creator of sons of anarchy. on twitter yesterday, doting his broadcast rivals as sons of anarchy be the big three for the second week in a row. he tweets crashing all three broadcast networks in the demos second week in a row. and adding insult to injury, cbs canceled the first new show of the tv season made in jersey about a jury the girl and arrogant -- they make it wasn't a good show. i looked at it for two seconds. good bye. we are a few days into earnings season. all eyes on two banks that will be reporting. big banks. sandra smith at the trade day. sandra: looking at the numbers here it is going to be interesting. set up ahead of the bank earnings tomorrow. as i show you numbers and the dow and s&p and nasdaq suffered a precipitous fall for the past several days.

we have seen only a couple companies report -- most companies that have reported -- if you look at the big ones like alcoa, look at what they took after it kicked off earning season tuesday back below $9 a share. alcoa lowered its aluminum demand forecasts. this is a huge global company. commons reported lower its 2012 forecast. customers are putting off their purchases and reported mixed sales forecasts and that stock tumbling 2%. here you go. wells fargo, j. p. morgan reporting tomorrow and the numbers are expected to be pretty decent for both of these banks and both heading into those numbers and they are cheap stocks. wells fargo and 11. j. p. morgan just can. these stocks are up 20% so far this year so they are setting up to turn things around this

earnings season. dennis: financial armageddon will make it cheaper on the mobile. so wendy's has been changing its menu for modeling its restaurants and fast-food chain is changing its logo. for the first time since 1983 the icon has a new look. wendy's was named fastest fast-food joints by restaurant magazine. wendy's stock down 20% year to date. cheryl: a lot of news breaking including a bank under attack on line. >> melissa frances and lori rothman have details as we continue with markets now.

dennis: suddenly we have another political controversy. cheryl: a lot of breaking news